January 19, 2015

Benjamin and Edward Smith

64 Windrush Lane

Andover, CT 06232

Phone 860-742-7439

Email: ecraigsmit@comcast.net

Federal Aviation Administration:

We, Benjamin and Edward Smith, are writing pursuant to the FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11, to request that we, Benjamin and Edward 

Smith, owners and operators of small unmanned aircraft, be exempted from the Federal Aviation

Regulations (“FARs”) listed below so that we, Benjamin and Edward Smith, may operate a small 

ultra-light-weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the 

Federal Aviation Administration (“FAA”) in accordance with FAA UAS Regulations & Policies.

We would like to formally submit for an exemption from the following Section 333 regulations: 14 

C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 

C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 

91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b). to 

operate an upgraded Aerosky 550 UAS. This upgraded UAS will be equipped with a detachable 

camera and will be transported in proper storage. This proposed exemption would allow the 
operation of unmanned aircraft systems (UAS) for the purpose of aerial videography/ photography as 

a service to the public/ business interests. As found in exemption No. 11138 (Trudeau), the FAA 

recently approved similar use of a Phantom 2 UAS. The upgraded Aerosky 550 is a UAS similar to 

that of the Phantom UAS. The upgraded Aerosky 550 is selected because it has proven reliable flying 

capabilities managed by gyro stabilized flight, ground detection, GPS aided navigation, a compass, 

blinking LEDs and failsafe mode for returning home. This will act to further safety protocols 

exclusive to lightweight UAS’s specific to video and photography usage as we, Benjamin and 

Edward Smith, record flight data and other information gained through permitted flight operations to 

share with the FAA through any required FAA reports to assist with future protocol and safety 

regulations.

Specific section or sections of 14 CFR which we seek relief and the reason we seek relief:

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and limited operating area associated with the aircrafts to be utilized by Benjamin and 

Edward Smith, an exemption from Part 21 meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the reform Act. In all cases, an analysis of these criteria 

demonstrates that the UA operated without an airworthiness certificate, in the restricted environment 

and under the conditions proposed will be at least as safe, or safer, than conventional aircraft 

operating with an airworthiness certificate without restrictions and conditions proposed.

14 C.F.R. 45.23: Display of marks: general

The UA does not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark certain 

words or phrases. Further, the two inch lettering is difficult to place on such a small aircraft with 

dimensions smaller than the minimal lettering requirement.
14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

The FAA has previously declared that additional manned airship experience of a commercially 

certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations

in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138.

14 C.F.R 91.7: Civil aircraft airworthiness

Currently, since there is no certificate applicable to the UAs in question, this regulation is 

inapplicable.

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

Requires an aircraft flight manual in the aircraft, however there are no pilots or passengers on board 

this aircraft and given its size, this regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining a safety/flight manual with the operator.

14 C.F.R. 91.119(c): Minimum safe altitudes

We, Benjamin and Edward Smith will ensure that UAS do not operate any higher than 400 feet at

ground level and we will not fly over congested areas. We will plan operations before hand, for 

proper flight safety, and proper height analysis as to avoid collisions.

14 C.F.R. 91.121: Altimeter settings

The UAS utilizes electronic GPS with a barometric sensor and magnetometer. An equivalent level of

safety will be achieved by using this.

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions

The UAS that we will fly are powered by electricity, using lithium polymer batteries that currently 

have a flight limit of approximately no more than 20 minutes. Therefore, due to the limitations of the 

batteries, it is currently impossible to comply with part 91.151.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required
Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. 

We, Benjamin and Edward Smith, however will always fly safely while having the manual of the

Aerosky 550 readily available.

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation after maintenance, 

preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(1) and (2): Inspections & 14 

C.F.R. 91.417 (a) and (b): Maintenance records

Maintenance inspections may be required and should be granted since they only apply to aircraft with 

an airworthiness certificate. However we, Benjamin and Edward Smith, will perform preflight

inspections of the UAS before each flight as outlined in the operating documents. We, Benjamin and 

Edward Smith, will also follow manufacturer recommendations from said operating documents.

Public Interest

Aerial photography and videography as an available service to the public allows for a cheaper 

method to capturing imagery than its alternative; aircraft and helicopters. They are expensive, create 

lots of noise, and are much more threatening due to size and combustible fuel. We, Benjamin and 

Edward Smith, would gladly offer my services upon request and with proper coordination to any

official search and rescue or emergency services organization to benefit the public.

Also as mentioned in the Trudeau exemption, exemption No.11138: ““Manned aircraft conducting 

aerial filming and photography can weigh 5,000 lbs. or more, are operated by an onboard pilot and 

may carry other onboard crewmembers, as well as 100 gallons or more of fuel. The petitioner’s 

[UAS] weighs less than 6 lbs. The pilot and crew will be remotely located from the aircraft. The 

limited weight reduces the potential for harm to persons or damage to property in the event of an 

incident or accident. The risk of an onboard pilot and crew during an incident or accident is 

eliminated with the use of a [sUAS] for the proposed operation.”

Summary
We, Benjamin and Edward Smith, are seeking exemption from the following rules:

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 

14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 

C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and 

(b).

With the exemptions of the mentioned rules we, Benjamin and Edward Smith, will be seeking to 

make our drone photography/videography services available to the public. By not using combustible 

fuel, flying at safe heights and strictly following the usage recommendations from Aerosky.

These include but are not limited to:

● Flying the following UAS Safely

○ Modified Aerosky 550

● Flying below 400 feet

● Proper visual inspection of UAS before flights

● Keeping mentioned UAS in visual sight at all times when in operation

● Using an observer to assist if needed

● Remain well clear of and do not interfere with manned aircraft operations, and avoid other aircraft 

and obstacles at all times

● Not intentionally fly over unprotected persons or moving vehicles

● Contact the airport or control tower before flying within 5 miles of an airport

● Not flying in adverse weather conditions such as high winds or reduced visibility

● Not flying under the influence of alcohol or drugs

● Ensure the operating environment is safe

● Not flying over sensitive infrastructure or property such as power stations, water treatment 

facilities, correctional facilities, etc.
● Check and follow all local laws and ordinances before flying over private property

● Do not conduct surveillance or photograph persons in areas where there is an expectation of 

privacy without the individual's permission.

Respectfully,

Benjamin and Edward Smith

64 Windrush Lane

Andover, CT 06232

Phone 860-742-7439

Email: ecraigsmit@comcast.net